GIRDHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are the poor villagers. THEy are fighting their legal battle against mighty Union of India for getting the amount awarded to them by the arbitrator including compensation, solatium and interest for the lands which have been acquired by the Union of India under the Requisitioning and Acquisitioning of Immovable Property Act, for short the Act. THE lands of the peti- tioners are situated in the State of Rajasthan. Initially their lands were hired on rent in 1972 by the Union of India for the defence purposes and they continued to pay rent for the said lands to the lands owner petitioners upto 1987. In 1987 the said lands were acquired under the notification. Since then they have stopped to pay rent for the said lands. It appears from the judgment of this Court at Annex. I dated July 17, 1992, delivered in several petitions on September 28, 1989 a meeting of the representative of Union of India, Collector, Addl. Collector, SDO, and Tehsildar of Jodhpur and the khatedars was held and the resolution was passed for payment of compensation at Rs. 7000/- per bigha to the khatedars. THEse lands were acquired without any solatium and interest. Not only that the interim payment was made at Rs. 1000/- per bigha to the khatedars. However, one khatedars filed writ petition No. 4814/90 before this Court which was allowed by B. R. Arora, J. by his order dated May 16, 1991 directing payment of compensation at Rs. 7000/- and also to determine the compensation of trees, building and well within two months. From the award dated 23. 11. 1982 (Annex. 2) of the arbitrator it also appears that subsequently i. e. on 18. 12. 1991 the Collector reduced the amount to Rs. 3850/- per bigha unilaterally without assigning any cogent persons in a arbitrary manner. On July 17, 1992 this Court (Milap Chandra Jain, J. , as he then was) while allowing the group petitions directed the respondent hold to appoint arbitrator under Section 8 (1) (b) of the Act within three months from the date of the order and also directed the respondents to make payment of 80% of the amount mentioned in the notice to the petitioners within three months from the date of the order and also adjust the amount already paid to them at Rs. 1000/- per bigha and the total amount will be adjusted in the final amount of compensation payable to them. Pursuant to that order the Secretary to the Union of India ordered on 23. 11. 1992 appointed Shri O. P. Bishnoi. Distt. and Sessions Judge, Jodhpur as arbitrator under Section 8 (1) (b) (v) of the Act.

(2.) THE facts which are not in dispute are as under :

(3.) AFTER hearing both the sides, the learned arbitrator passed the following award on 6. 6. 94 : " 1. Compensation shall be paid @ Rs. 7000/- per bigha, less the amount already paid, to the concerned land owners. 2. Solatium shall be pad @ 10%. 3 Interest @ 4% shall be paid, w. e. f. 12. 11. 1987 till the payments are made, on the amount due. "